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(영문) 수원지방법원안양지원 2019.09.27 2017가합105024

손해배상(기)

Text

1. The Plaintiff, the Defendant (Counterclaim Plaintiff) B, and C, each of the 754,312 won, the Defendant (Counterclaim Plaintiff) D, the 5,809,627 won, and the Defendant E, the 2,137.

Reasons

1. Basic facts

A. The Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) is a housing redevelopment improvement project association that obtained authorization to establish an association on May 29, 2012 under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) and completed the registration of incorporation on the same day for the purpose of housing redevelopment improvement project (hereinafter “instant redevelopment project”).

B. The Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) B and C owned 1/2 of each of the real estate listed in the separate sheet Nos. 2 and 3, Defendant D owned the real estate listed in the separate sheet No. 4, Defendant E owned the real estate listed in the separate sheet No. 5, and the Defendant F owned each of the real estate listed in the separate sheet No. 5 (hereinafter collectively referred to as “each of the instant real estate”) within the project implementation district of the instant redevelopment project.

C. On June 2, 2015, the Plaintiff obtained authorization to implement the instant redevelopment project from the Ansan market, and the said authorization to implement the redevelopment project was publicly notified on the same day.

The Plaintiff received an application for parcelling-out from July 27, 2015 to September 4, 2015, and received an additional application for parcelling-out from September 5, 2015 to September 14, 2015, but the Defendants became eligible for cash settlement because they did not apply for parcelling-out within the said period.

E. On April 22, 2016, the Plaintiff received the approval of the management and disposal plan of the instant redevelopment project from the Ansan market, and was publicly notified on the same day.

F. On January 2017, the Plaintiff filed an application for adjudication of expropriation of each of the instant real estate with the Gyeonggi-do Regional Land Expropriation Committee, and the said Committee rendered a ruling of expropriation on July 27, 2017, on June 12, 2017, with the starting date of expropriation (transfer).

G. In accordance with the above ruling of acceptance, the Plaintiff shall assist the Suwon District Court in the amount of KRW 53,483,340, respectively, for Defendant B and C on July 19, 2017.